- (1.) This writ petition has been filed by petitioner aggrieved of his supersession by many of his juniors in the matter of promotion to the post of Inspector of Police. Petitioner though was working on the post of Sub Inspector and was posted at Finger Print Bureau, Jaipur. Petitioner was required to appear in departmental examination/qualifying test for promotion to the post of Inspector in terms of Rules 9 and 10 of the Rajasthan Police Subordinate Service Rules, 1989 (for short, 'the Rules of 1989'). According to Para 10 of writ petition, he requested the authorities that he be exempted from appearing in such departmental examination by virtue of Rule 18 of the Rajasthan Civil Services (Departmental Examination) Rules, 1959 (for short, 'the Rules of 1959'). In view of the fact that he has completed 56 years of age and was shortly due to retirement, he cannot be required to appear in such qualifying examination especially when Rule 18 of the Rules of 1959 makes a provision for exemption from Departmental Examination for those employees who have attained 45 years of age.
(2.) Petitioner initially approached the Rajasthan Civil Service Appellate Tribunal, Jaipur (for short, 'the Tribunal') challenging the syllabus of qualifying test for promotion, but the Tribunal dismissed the appeal by its order dated 08.04.1996 holding that it has no jurisdiction to go into the correctness of the Rules because Rule 29 of the Rules of 1989 empowers the Director General of Police to prescribe the syllabus. Aggrieved thereby the petitioner approached this Court.
(3.) In this writ petition, petitioner has taken additional ground that Rule 18 of the Rules of 1959 provides an exemption from appearing in such examination to those employees who have attained the age of 45 years. This writ petition was filed in the year 1997 and during pendency thereof the petitioner has retired on attaining the age of superannuation.;